Illumina, Inc.
Volume 173 · 173 F.T.C. 993
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Illumina, Inc., 173 F.T.C. 993 (2022). Consumer Law Library, https://consumerlawlibrary.org/decisions/v173-0027
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IN THE MATTER OF ILLUMINA, INC., AND GRAIL, INC.
Docket No. 9401. Order, March 1, 2022 Order to take appropriate action to withdraw the subpoena enforcement matter against Caris pending in the U.S. District Court for the District of Columbia in FTC v. Caris Life Sciences, Case No. 1:21-mc-00115-RJL (D.D.C.). ORDER TO WITHDRAW FROM COURT ENFORCEMENT OF SUBPOENAS ISSUED TO CARIS LIFE SCIENCES On August 24, 2021, the Commission ordered the General Counsel to take appropriate action to enforce in federal district court two subpoenas for documents and testimony issued in this administrative proceeding to nonparty Caris Life Sciences (“Caris”). In accordance with that order, on September 9, 2021, the General Counsel filed a petition to enforce the subpoenas in the U.S. District Court for the District of Columbia.
On February 9, 2022, counsel for the parties filed in the administrative proceeding a Joint Stipulation to Exclude Caris-Related Material from the Record (“Joint Stipulation”). The Joint Stipulation explained that, while awaiting resolution of the subpoena enforcement action, the parties had reached an agreement that neither Complaint Counsel nor Respondents would rely on any Caris-related material, and each party would withdraw any Caris-related material already in evidence. Id. at 1. On February 10, 2022, the Commission moved to stay the federal district court subpoena enforcement proceeding pending the Commission’s decision on whether to dismiss that action, and the district court granted that stay the next day. The ALJ then granted the parties’ request to enter the Joint Stipulation. Order on Pending Motions at 2-3 (Feb. 16, 2022). The parties now move jointly to request that the Commission withdraw from enforcement of the Caris-related subpoenas.
In light of the parties’ Joint Stipulation and agreement not to rely on Caris-related materials in this matter, we find that the subpoena enforcement action against Caris is now moot. Accordingly, IT IS HEREBY ORDERED that the General Counsel take appropriate action to withdraw the subpoena enforcement matter against Caris pending in the U.S. District Court for the District of Columbia in FTC v. Caris Life Sciences, Case No. 1:21-mc-00115-RJL (D.D.C.). By the Commission.
VOLUME 173 Interlocutory Orders, Etc.